HON’BVLE MR. JUSTICE S.RAVINDRA BHAT, J.

1. The plaintiff in this Suit seeks declaration as to Will dated 06.09.1995, which he disputes, as not legal and binding and that it contravenes Section-114 of the Indian Succession Act; he also claims that in the event of declaration not being granted, the Court should hold that the said Will is void and not binding on him. He further seeks a decree for partition in respect of the estate of Mrs. Lajja Sareen (hereafter called “the testatrix”) regarding the property No.N-84, Panchsheel Park (hereafter referred to as “suit property”), movable/immovable assets fully described in the Suit, for the appointment of a Local Commissioner to suggest the mode of partition and take consequential steps towards drawing a final decree.

2. The undisputed facts that may be gathered from the pleadings are that the plaintiff (hereafter referred to as ‘Sarvjeet’), Defendant No.1 (hereafter referred to as ‘Ritu’) and defendant No.2 (hereafter referred to as ‘Beena’) are brother and sisters respectively. They are the surviving children of the testatrix, who owned the suit property. The testatrix expired on 17.12.1995, leaving behind the suit property,